This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

42389 

Vol. 78, No. 136 

Tuesday, July 16, 2013 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2013–BT–STD– 

0020] 

RIN 1904–AC98 

Energy Conservation Program: Energy 

Conservation Standards for 

Residential Clothes Dryers and Room 

Air Conditioners 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: This final rule corrects the 

energy conservation standards for room 

air conditioners. In the direct final rule 

establishing amended energy 

conservation standards for residential 

clothes dryers and room air 

conditioners, published in the Federal 

Register on April 21, 2011, and the 

subsequent notices of effective date and 

compliance dates for the direct final 

rule and amendment of compliance 

dates, published on August 24, 2011, 

DOE erroneously specified the 

maximum cooling capacity for product 

class 5a for room air conditioners 

without reverse cycle and with louvered 

sides as 24,999 British thermal units per 

hour (Btu/h), and the minimum cooling 

capacity for product class 5b for room 

air conditioners without reverse cycle 

and with louvered sides as 25,000 Btu/ 

h, rather than 27,999 Btu/h and 28,000 

Btu/h, respectively. Additionally, DOE 

is fixing a printing error in the 

codification of the standards table for 

product classes 5a and 5b and 8a and 

8b. 

DATES: The effective date of this rule is 

August 15, 2013. Compliance with the 

standards established for room air 

conditioners in today’s final rule is June 

1, 2014. 

ADDRESSES: The docket for this 

rulemaking is available for review at 

www.regulations.gov/#!docketDetail;D=

EERE–2013–BT–STD–0020. The docket 

for the direct final rule establishing the 

standards for room air conditioners is 

also available for review at 

regulations.gov, including Federal 

Register notices, framework documents, 

public meeting attendee lists and 

transcripts, comments, and other 

supporting documents/materials. All 

documents in the docket are listed in 

the regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. The 

regulations.gov Web page will contain 

simple instructions on how to access all 

documents, including public comments, 

in the docket. 

For further information on how to 

review the docket, contact Ms. Brenda 

Edwards at (202) 586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Witkowski, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–7463. Email: 

Stephen.Witkowski@ee.doe.gov. 

James Silvestro, Esq., U.S. Department 

of Energy, Office of General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–4224. Email: 

James.Silvestro@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE 

published a direct final rule to establish 

amended energy conservation standards 

for residential clothes dryers and room 

air conditioners on April 21, 2011. 76 

FR 22454. 

EPCA (42 U.S.C. 6291 et seq.), as 

amended, grants DOE authority to issue 

a final rule (hereinafter referred to as a 

‘‘direct final rule’’) establishing an 

energy conservation standard on receipt 

of a statement submitted jointly by 

interested persons that are fairly 

representative of relevant points of view 

(including representatives of 

manufacturers of covered products, 

States, and efficiency advocates) as 

determined by the Secretary, which 

contains recommendations with respect 

to an energy conservation standard that 

are in accordance with the provisions of 

42 U.S.C. 6295(o). 42 U.S.C. 6295(p)(4). 

EPCA requires a notice of proposed 

rulemaking (NOPR) that proposes an 

identical energy conservation standard 

to be published simultaneously with the 

direct final rule. Id. A public comment 

period of at least 110 days must be 

provided. Id. Not later than 120 days 

after issuance of the direct final rule, if 

one or more adverse comments or an 

alternative joint recommendation are 

received relating to the direct final rule, 

the Secretary must determine whether 

the comments or alternative 

recommendation may provide a 

reasonable basis for withdrawal under 

42 U.S.C. 6295(o) or other applicable 

law. Id. If the Secretary makes such a 

determination, DOE must withdraw the 

direct final rule and proceed with the 

simultaneously published notice of 

proposed rulemaking. Id. DOE must 

publish in the Federal Register the 

reason why the direct final rule was 

withdrawn. Id. 

During the rulemaking proceeding to 

develop amended standards for 

residential clothes dryers and room air 

conditioners, DOE received the 

‘‘Agreement on Minimum Federal 

Efficiency Standards, Smart Appliances, 

Federal Incentives and Related Matters 

for Specified Appliances’’ (the ‘‘Joint 

Petition’’), a comment submitted by 

groups representing manufacturers (the 

Association of Home Appliance 

Manufacturers (AHAM), Whirlpool 

Corporation (Whirlpool), General 

Electric Company (GE), Electrolux, LG 

Electronics, Inc. (LG), BSH Home 

Appliances (BSH), Alliance Laundry 

Systems (ALS), Viking Range, Sub-Zero 

Wolf, Friedrich A/C, U-Line, Samsung, 

Sharp Electronics, Miele, Heat 

Controller, AGA Marvel, Brown Stove, 

Haier, Fagor America, Airwell Group, 

Arcelik, Fisher & Paykel, Scotsman Ice, 

Indesit, Kuppersbusch, Kelon, and 

DeLonghi); energy and environmental 

advocates (American Council for an 

Energy Efficient Economy (ACEEE), 

Appliance Standards Awareness Project 

(ASAP), Natural Resources Defense 

Council (NRDC), Alliance to Save 

Energy (ASE), Alliance for Water 

Efficiency (AWE), Northwest Power and 

Conservation Council (NPCC), and 

Northeast Energy Efficiency 

Partnerships (NEEP)); and consumer 

groups (Consumer Federation of 

America (CFA) and the National 

Consumer Law Center (NCLC)) 

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42390 Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations 

1 DOE Docket No. EERE–2007–BT–STD–0010, 

Comment 35. 2A notation in the form ‘‘AHAM, No. 2 at pp. 

1–2’’ identifies a written comment: (1) Made by the 

Association of Home Appliance Manufacturers; (2) 

recorded in document number 2 that is filed in the 

docket of the residential clothes dryer and room air 

conditioner energy conservation standards 

rulemaking (Docket No. EERE–2013–BT–STD–0020) 

and available for review at www.regulations.gov; 

and (3) that appears on pages 1–2. 

(collectively, the ‘‘Joint Petitioners’’). 

This collective set of comments, which 

DOE refers to in this notice as the ‘‘Joint 

Petition’’ 1 or ‘‘Consensus Agreement’’ 

recommended specific energy 

conservation standards for residential 

clothes dryers and room air conditioners 

that, in the Joint Petitioners’ view, 

satisfied the EPCA requirements in 42 

U.S.C. 6295(o). The Joint Petition also 

set forth compliance dates for these 

recommended standards of June 1, 2014 

(room air conditioners) and January 1, 

2015 (clothes dryers). 

As discussed in the direct final rule, 

DOE determined that the relevant 

criteria under 42 U.S.C. 6295(o) were 

satisfied and adopted the amended 

energy conservation standards for 

clothes dryers and room air conditioners 

through the direct final rule, as 

authorized by 42 U.S.C. (p)(4). 76 FR 

22454 (April 21, 2011). After 

considering comments received, DOE 

subsequently published a document in 

the Federal Register confirming 

adoption of the standards set forth in 

the direct final rule and announcing the 

effective date of the direct final rule. 76 

FR 52856 (Aug. 24, 2011). 

In a NOPR published in the Federal 

Register on April 8, 2013, DOE 

proposed to correct certain room air 

conditioner product class definitions 

that were inadvertently different than 

those that were provided in the Joint 

Petition and which were the basis of 

DOE’s analysis for the previous final 

rules. 78 FR 20842. Specifically, DOE 

proposed to correct the product class 

definitions for room air conditioners 

without reverse cycle and with louvered 

sides as follows: 

Product 

class Definition 

5a ....... Without reverse cycle, with louvered 

sides, and 20,000 to 27,999 

Btu/h. 

5b ....... Without reverse cycle, with louvered 

sides, and 28,000 Btu/h or more. 

DOE received two comments in 

response to the April 8, 2013 NOPR. 

Both the comment submitted by AHAM 

and the comment submitted jointly by 

ASAP, ASE, ACEEE, and NRDC 

(collectively, the ‘‘Joint Commenters’’) 

were supportive of the proposed 

revisions to correct the product class 

definitions, such that the revised 

definitions are the same as those put 

forth in the Joint Petition. (AHAM, No. 

2 at pp. 1–2; 2 Joint Commenters, No. 3 

at p. 1) DOE adopts this correction to 

the product class definitions in today’s 

final rule. 

Additionally, DOE is fixing a printing 

error in the codification of the standards 

table for product classes 5a and 5b and 

8a and 8b. The direct final rule that was 

published in the Federal Register on 

April 21, 2011, showed, consistent with 

the Joint Petition, separate, but identical 

energy conservation standard levels for 

both product classes 5a and 5b and 8a 

and 8b. 76 FR 22454. However, in 

codification of the table, the energy 

efficiency ratio, effective from Oct. 1, 

2000 to May 31, 2014, for product class 

5a was combined with the ratio for 

product class 5b and the energy 

efficiency ratio, effective from Oct. 1, 

2000 to May 31, 2014, for product class 

8a was combined with the energy 

efficiency ratio for product class 8b, 

which resulted in a formatting error 

when published in the Federal Register. 

Today’s rule corrects that error by 

showing the standards for product 

classes 5a and 5b and 8a and 8b as 

separate cells in the table. 

Procedural Issues and Regulatory 

Review 

The regulatory reviews conducted for 

this rulemaking are identical to those set 

forth in the DOE’s direct final rule 

published on April 21, 2011 

establishing amended energy 

conservation standards. 76 FR 22454. 

The amendments in the direct final rule 

become effective June 1, 2014. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, and 

Small businesses. 

Issued in Washington, DC, on July 10, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE amends part 430 of title 

10 of the Code of Federal Regulations, 

as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 2. Section 430.32 is amended by 

revising paragraph (b) to read as follows: 

§ 430.32 Energy and water conservation 

standards and their effective dates. 

* * * * * 

(b) Room air conditioners. 

Product class 

Energy efficiency 

ratio, effective from 

Oct. 1, 2000 to 

May 31, 2014 

Combined energy 

efficiency ratio, 

effective as of 

June 1, 2014 

1. Without reverse cycle, with louvered sides, and less than 6,000 Btu/h ......................................... 9.7 11.0 

2. Without reverse cycle, with louvered sides, and 6,000 to 7,999 Btu/h .......................................... 9.7 11.0 

3. Without reverse cycle, with louvered sides, and 8,000 to 13,999 Btu/h ........................................ 9.8 10.9 

4. Without reverse cycle, with louvered sides, and 14,000 to 19,999 Btu/h ...................................... 9.7 10.7 

5a. Without reverse cycle, with louvered sides, and 20,000 to 27,999 Btu/h .................................... 8.5 9.4 

5b. Without reverse cycle, with louvered sides, and 28,000 Btu/h or more ....................................... 8.5 9.0 

6. Without reverse cycle, without louvered sides, and less than 6,000 Btu/h .................................... 9.0 10.0 

7. Without reverse cycle, without louvered sides, and 6,000 to 7,999 Btu/h ..................................... 9.0 10.0 

8a. Without reverse cycle, without louvered sides, and 8,000 to 10,999 Btu/h ................................. 8.5 9.6 

8b. Without reverse cycle, without louvered sides, and 11,000 to 13,999 Btu/h ............................... 8.5 9.5 

9. Without reverse cycle, without louvered sides, and 14,000 to 19,999 Btu/h ................................. 8.5 9.3 

10. Without reverse cycle, without louvered sides, and 20,000 Btu/h or more .................................. 8.5 9.4 

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Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations 42391 

Product class 

Energy efficiency 

ratio, effective from 

Oct. 1, 2000 to 

May 31, 2014 

Combined energy 

efficiency ratio, 

effective as of 

June 1, 2014 

11. With reverse cycle, with louvered sides, and less than 20,000 Btu/h .......................................... 9.0 9.8 

12. With reverse cycle, without louvered sides, and less than 14,000 Btu/h ..................................... 8.5 9.3 

13. With reverse cycle, with louvered sides, and 20,000 Btu/h or more ............................................ 8.5 9.3 

14. With reverse cycle, without louvered sides, and 14,000 Btu/h or more ....................................... 8.0 8.7 

15. Casement-Only .............................................................................................................................. 8.7 9.5 

16. Casement-Slider ............................................................................................................................ 9.5 10.4 

* * * * * 

[FR Doc. 2013–17005 Filed 7–15–13; 8:45 am] 

BILLING CODE 6450–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Parts 121 and 125 

RIN 3245–AG22 

Small Business Subcontracting 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Final rule. 

SUMMARY: The U.S. Small Business 

Administration (SBA or Agency) is 

amending its regulations governing 

small business subcontracting to 

implement provisions of the Small 

Business Jobs Act of 2010. In particular, 

this rule adds a provision providing that 

for a ‘‘covered contract’’ (a contract for 

which a small business subcontracting 

plan is required), a prime contractor 

must notify the contracting officer in 

writing whenever the prime contractor 

does not utilize a small business 

subcontractor used in preparing its bid 

or proposal during contract 

performance. This rule also adds a 

provision requiring a prime contractor 

to notify a contracting officer in writing 

whenever the prime contractor reduces 

payments to a small business 

subcontractor or when payments to a 

small business subcontractor are 90 

days or more past due. In addition, this 

rule clarifies that the contracting officer 

is responsible for monitoring and 

evaluating small business 

subcontracting plan performance. The 

rule also clarifies which subcontracts 

must be included in subcontracting data 

reporting, which subcontracts should be 

excluded, and the way subcontracting 

data is reported. The rule also makes 

changes to update its subcontracting 

regulations, including changing 

subcontracting plan thresholds and 

referencing the electronic 

subcontracting reporting system (eSRS). 

Further, the rule adds a provision to the 

regulations which addresses 

subcontracting plan requirements and 

credit towards subcontracting goals in 

connection with multiple award multiagency, Federal Supply Schedule, 

Multiple Award Schedule and 

government-wide acquisition indefinite 

delivery, indefinite quantity contracts. 

DATES: Effective Date: This rule will be 

effective August 15, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Dean Koppel, U.S. Small Business 

Administration, Office of Government 

Contracting, 409 Third Street SW., 8th 

Floor, Washington, DC 20416, (202) 

205–7322, dean.koppel@sba.gov. 

SUPPLEMENTARY INFORMATION: On 

October 5, 2011, SBA published in the 

Federal Register a proposed rule to 

implement provisions of the Jobs Act 

which pertain to small business 

subcontracting. 76 FR 61626. Section 

1321 of the Jobs Act requires the SBA 

Administrator, in consultation with the 

Administrator of the Office of Federal 

Procurement Policy, to publish 

regulations establishing policies for 

subcontracting compliance, including 

assignment of compliance 

responsibilities between contracting 

offices, small business offices, and 

program offices. 

The proposed rule called for a 60-day 

comment period, with comments to be 

received by SBA by December 5, 2011. 

SBA published a notice in the Federal 

Register on December 1, 2011, 

reopening the comment period for an 

additional 30 days, until to January 6, 

2012. 76 FR 74749. 

The proposed rule contained changes 

to SBA’s size regulations (Part 121) and 

the regulations governing SBA’s 

government contracting programs (Part 

125). SBA received 105 written 

comments during the comment period. 

Many of these comments were lengthy 

and discussed numerous proposed 

amendments. SBA has made changes in 

this final rule in response to comments 

received to its notice of proposed 

rulemaking. With the exception of 

comments which are beyond the scope 

of this rule, or which did not set forth 

any rationale or make suggestions, SBA 

discusses and responds fully to all of 

the comments below. 

Summary of Comments and SBA’s 

Responses 

Part 121 

SBA received one comment on 

proposed § 121.404(g)(3)(ii), which 

added a provision permitting a 

contracting officer to require a 

subcontracting plan if a prime 

contractor’s size status changes from 

small to other than small as a result of 

a size recertification. The commenter 

recommended adding that size status at 

time of contract award controls 

subcontracting plan requirements or 

clarifying how a subcontracting plan 

must change if a former small business 

subcontractor reclassifies. Section 

121.404(g)(3)(ii) provides that 

recertification does not change the terms 

and conditions of a contract, including 

the requirement for a subcontracting 

plan, and otherwise size is determined 

at time of offer and will not change 

during performance. However, under 

the final rule a contracting officer has 

the discretion to require a 

subcontracting plan if size status 

changes as a result of recertification. 

Part 125 

The proposed rule revised § 125.3(a) 

to update the subcontracting plan 

thresholds, which were increased 

pursuant to the government-wide 

procurement program inflationary 

adjustments required by Section 807 of 

the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005. 

Public Law 108–375; see also 75 FR 

53129 (Aug. 30, 2010). One commenter 

recommended removing the reference to 

‘‘a public facility’’ in § 125.3(a) because 

the term is not defined in the Code of 

Federal Regulations. SBA does not 

adopt this comment. It is up to the 

contracting officer to determine whether 

the term applies to a particular 

acquisition. Further, this term comes 

from Section 8(d) of the Small Business 

Act, so removing it would require 

legislative action. 

The proposed rule added § 125.3(a)(1) 

to define subcontract in order to clarify 

which subcontracts must be included 

when reporting on small business 

subcontracting performance. SBA 

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